ARTICLE-I

NAME AND LOCATION

SECTION 1: Name

The name of the organization shall be “Muslim Biharis of Americas” hereinafter called and referred to as “MBA.” This organization serves as an umbrella organization for the Biharis Muslims of continent America. Other local Bihari organizations from any city of the continent America can join this organization at any time.

It is a clearly defined, members motivated and financed, non-profitable, technical, social and welfare organization of the Muslim Biharis – Muslim inhabitants of the state of Bihar, India – migrated to USA, Canada, or other cities of the continent of America directly or indirectly and are the legal residents of the continent of America.   

SECTION 2: Statements

All policy statements and commitments in which name, goodwill or credibility of MBA is used, shall first be submitted to the “Executive Committee” for approval except when a member is authorized by the “Executive Committee”.

SECTION 3: Location

The primary location of the office shall be the home address of the current President.

 

ARTICLE – II

OBJECTIVE

SECTION 1: Purpose

The objective of Muslim Biharis of Americas (MBA) shall be to promote interaction and closer contact amongst its members to achieve collective benefits for the Muslim Biharis of America This noble cause shall be achieved by such means as holding technical and social meetings, lectures, seminars, training courses, initiatives, charity, support for small business, cultural preservation, civic outreach, and other activities as deemed necessary. MBA aims is to ensure brighter horizons for the current and future generations of Bihari heritage. MBA shall raise funds for its activities by the annual membership fee, contributions by the members, outside donations, and sponsorship.

 

SECTION 2: Tax Exempt Nature

Following are the provisions that shall qualify MBA as a tax-exempt non-profit organization:

1. No part of the net earnings of MBA shall inure to the benefit of, or be distributable to its members, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered, to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof, and to help the needy members with the approval of the ““Executive Committee”.
2. No substantial part of the activities of MBA shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
3. Notwithstanding any other provision of this document, MBA shall not carry on any other purposes not permitted to be carried on (a) by an organization exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section-of any future federal tax code.

 

ARTICLE-III

DEFINITIONS

 

SECTION 1: Terms

The terms used in these bylaws shall convey the meaning stated here under unless it is defined otherwise in the text where they are used.

 SECTION 2: Bylaws

As defined here under, the rules and regulations approved by the interim “Executive Committee” shall be considered the Bylaws for the conduct of day-to-day business of the organization and shall form its constitution. They will be referred to in the text by the term Bylaws.

SECTION 3: MBA:

Muslim Biharis of Americas shall be referred to as “MBA” and this term shall be used in the text of the bylaws for the purpose stated herein.

SECTION 4: Executive Committee:

The Executive Committee shall consist of fifteen (15) Office Bearers. The members of the Executive Committee must be residing continuously in any city of the continent of America for at least one (1) year at the time of election and shall be in “good standing”. The Executive Committee shall hereinafter be referred to in the text by the term “Committee”.

SECTION 4a: Board of Directors:

The Board of Directors shall consist of six (6) non-office bearers. Members of the Board of Directors must have resided continuously in any city on the continent of America for at least one (1) year at the time of joining the Board and shall be in “good standing.” The Board of Directors shall hereinafter be referred to in the text as “Directors.”

Directors will be allowed to attend Executive Committee meetings. While Directors can participate in discussions and provide suggestions during these meetings, they cannot participate in the voting process on any decision-making matters.

The Board of Directors will play an integral role in planning, executing, and delivering organizational projects. They may lead projects or work as team members under the leadership of Committee members.

Directors in good standing are eligible to run for the Executive Committee when a position becomes available. The term of the Directors is unlimited as long as they remain in good standing.

SECTION 5: General Assembly:

All members as defined in Article I Section 1 present in a General Meeting will form the “General Assembly” of the organization and will be referred to as GA herein.

ARTICLE-IV

CODE OF ETHICS

 As a member of Muslim Biharis of Americas, he/she shall pledge:

(1) To abide by the Laws of Local, State and Federal government of USA, Canada, and other countries of the continent America.

(2) To assume the responsibility of promoting harmony among fellow members.

(3) To deal fairly with all members and avoid any discrimination.

(4) To always remember that MBA is a social organization of Muslim Biharis of Americas and shall endeavor to enhance its professional image among the sister organizations with similar goals and objectives.

 ARTICLE-V

MEMBERSHIP and MEMBERS’ RIGHT

SECTION 1: Requirement and Eligibility of Membership:

A person who is a Muslim and himself/herself or his/her ancestors are from the State of Bihar, India can be a member of Muslim Biharis of Americas (MBA) and must be a legal resident of any city of the continent of America. The spouse by marriage of a person (Muslim Bihari) who does not meet the above-described criteria can also become a member of the MBA.

 SECTION 2: Members’ Entitlement:

Every member is entitled and privileged to and will be called to attend all the regular or special meetings. Only members who are in good standing thirty (3) days before any MBA meeting and remain in good standing at the time of such a meeting can express their opinion, take part in any voting including election of Executive Committee and can contest for a position in Executive committee.

 SECTION 3: Member in Good Standing:

Any member as described in article V section 1 who is current with his/her annual membership fee shall be considered as member in good standing.

 SECTION 4: Contesting and Voting in Election:

Any member who is in good standing on the 10th day from announcement of an Election and remains in good standing till the time of election shall be eligible to contest and vote for any “Executive Committee” position as explained in article IX. A member can contest only for one position at a time.

 SECTION 5: Not Eligible for Contesting Election:

If a member is an Office Bearer of some other Bihari Association, he/she cannot seek election for any position with MBA.

 SECTION 6: Termination of Membership:

• If a member moves out permanently of the defined area of this organization, his/her membership is automatically terminated. In this section permanently means more than six (6) months continuous absence from the defined area of this organization.
• A Member is convicted on any criminal charges aside from minor traffic violations.

 SECTION 7: Rejection of Membership

The Executive Committee, in its sole discretion, has the right to reject an application for Membership by a two third majority vote.

 SECTION 8: Matrimonial Postings

All Muslims are welcome to participate in MBA matrimonial programs who may or may not be a member of MBA. They can post the profile of the person seeking marriage on MBA website.

 SECTION 9: Participation in a meeting

All people are welcome to participate in MBA programs without being a Member of MBA.

 

 

 ARTICLE VI

FEES AND DUES

 

SECTION 1:

The Annual Membership Fee shall be such amounts as determined from time to time by the “Committee” and must be approved by at least two-third majority of the total of the “Committee” and must be sought for prior to application.

SECTION 2:

The membership dues shall be payable in advance, as determined from time to time by the “Committee”.

 

SECTION 3:

Annual membership is effective from the date membership dues are received by the “Committee” and is valid for one year from that date.

 

SECTION 4:

Other than membership payment for the spouse and children, all dues must be paid by the members themselves. It cannot be directly or indirectly paid by anyone on someone’s behalf. Any violation of this rule may result in termination of membership for all involved for three (3) years.

 

 

ARTICLE-VII

FISCAL YEAR

SECTION 1:

The fiscal year shall be from 1st of January to 31st of December of each calendar year.

SECTION 2:

The yearly financial report and statements of the organization covering the earnings and expenditure incurred during the whole fiscal year shall be produced by the Finance Secretary. Other financial reports and statements shall be produced by the Finance Secretary at such times as required or requested by the “Committee”.

 

ARTICLE-VIII

EXECUTIVE COMMITTEE MEETINGS

 

SECTION 1: Quorum:

A quorum of 8 out of 15 members of the Committee” shall be required for all the meetings. When a two- third majority requirement is needed to pass any rule other than amendments of Bylaws and impeachment of an Executive Member, it means ten(10) out of fifteen(15) votes are essential.

 

SECTION 2: Committee Meeting:

The “Committee” meeting shall be held minimum at least every three (3) months which means four (4) times per year. Additional meetings may take place as it may deem necessary at the call of the President, or the Vice President in the absence of the President or on the request of at least four (4) Committee members. The General Secretary shall inform the members of the “Committee” about the meeting place and agenda ten (10) days prior to such meetings.

 

SECTION 3: Annual General Assembly Meeting (AGM)

The Annual General Assembly Meeting of MBA shall be held at such time and place as may be decided by the “Committee”. The General Secretary in consultation with the President or Vice President shall finalize the agenda of the meeting and shall inform all members in “good standing” on record about the place and agenda sixty (60) days prior to the AGM.

 

SECTION 4: Special Meetings:

A special meeting may be called at any time, with a written notice sent via postal mail or e-mail of seven (7) days prior to the meeting, at the request of the President or two-third majority of the total members of the “Committee”. All notices of such meetings shall state the time, place, and agenda to be discussed.

SECTION 5: Resolution for discussion of any other matter or topic in any special Meeting must be supported by a majority of the members of the “Committee”.

 

SECTION 6: Majority Vote:

At all meetings, every permissible issue shall be decided by a majority of votes of the “Committee” members present in person. In case of tie, the presiding person vote shall be considered as tiebreaker.

SECTION 7: Show of Hands Voting:

Every issue shall be decided in first instance by show of hands unless a poll is demanded by any member. Upon a show of hands, every member having voting rights shall have one vote. The Presiding “Committee” Board” member shall declare that a resolution has been carried out or not. An entry to that effect in the minutes of the organization shall be admissible evidence of the adoption or defeat of a resolution. No secret ballot shall be allowed either by a member or members or any member of the “Committee” or by any member.

SECTION 8: Standing Committee Meetings:

The Standing Committee meetings may be held by the members of any Standing Committee to expedite the task of the Committee as assigned by the “Committee”.

SECTION 9: Conducting a meeting:

The method of conducting any meeting including AGM shall be decided by the “Committee” which shall be approved by a majority of the “Committee”. These meetings may be organized in-person, partially in-person and on-line or completely on-line.

 

SECTION 10: Failure to Attend Meetings:

Any “Committee” member who fails to attend three (3) continuous regular meeting without any approved leave of absence by at least two-third majority of the “Committee”., will lose his/her position in the Executive Committee.

 

SECTION 11: Losing Executive Committee Position:

If any “Committee” member fails to maintain his/her membership status in good standing, he/she will automatically lose his/her position in the Executive Committee.

 

ARTICLE-IX

EXECUTIVE COMMITTEE

 

SECTION 1: Executive Committee of the organization shall consist of:

1. a) President = 1
2. b) Vice-President = 3
3. c) General Secretary = 1
4. d) Finance Secretary = 2
5. e) Joint Secretary = 2
6. f) Social Secretary I = 1
7. g) Social Secretary II = 1
8. h) Information and Publications Secretary = 2
9. I) Liaison Secretary = 2

A member willing to be a candidate for election for an Executive Committee must first be nominated by one member and second by two other members.

 

The Executive Committee shall hold their respective offices for a three (3) year period. No member will hold any office of the Executive Committee for more than two consecutive terms. Any prior Executive Committee Board Member can seek an election after missing one (1) or more elections of the Executive Committee.

SECTION 2: President:

1. a) The President shall be principal executive officer of the organization.
2. b) Subject to the directions of the “Committee” and provisions of these Bylaws, the President shall oversee the day-to-day affairs of the organization.
3. c) Shall see that the objectives in Article-II and Code of Ethics mentioned in Article-IV, resolution of members, recommendations of the ““Committee” and provisions of these Bylaws are carried into effect.
4. d) Shall discharge all duties incident to the office of the President and such other duties as may be requested by the “Committee”

SECTION 3: Vice-President(s):

1. a) The Vice-President(s) shall assist the President in discharge of the functions stated under Section-2 Item (b), (c) & (d) above.
2. b) The designated Vice President by the President or the senior most Vice President by termshall perform the functions and responsibilities of the President in his absence.

SECTION 4: General Secretary:

1. a) Take and keep the records of the minutes of the meetings of the ““Committee”. Within a week, minutes of all the meetings shall be e-mailed to all the “Committee” members.
2. b) Shall see that the notices are duly given in accordance with the provisions of these Bylaws or as requested by the “Committee”.
3. c) Shall provide a copy of all the records which are necessary to have a hard copy such as but not limited to: bylaws, any changes in bylaws and all filed papers to government.
4. c) Shall be custodian of all official records, except the records concerning finance, which will be maintained by the Finance Secretary.
5. d) As authorized by the “Committee” and on behalf of the organization shall coordinate with other Secretaries of this organization.
6. e) Shall perform the duties as may be assigned by the President or the “Committee” from time to time.

SECTION 5: Finance Secretary(s):

1. a) The most senior Finance Secretary by term shall be the chief financial officer of the association and shall be responsible for the maintenance of books of account for this organization. Such individual can delegate responsibilities to other Finance Secretary.
2. b) Shall maintain good and clear computerized records of all transactions for this organization.
3. c) Have charge and custody of funds of the organization and be responsible for the receipt and disbursement thereof.
4. d) Expenses up to $1,000.00 must have written consent of the President or Vice President. This limit can be changed with the approval of the Executive Committee.
5. e) Expenses exceeding $3,000.00 must have the approval of the “Committee”. This limit can be changed with the approval of the Executive Committee.
6. f) Shall perform the duties that may be assigned by the President from time to time.

 

SECTION 6: Joint Secretary(s):

4. a) The Joint Secretary(s) shall assist the General Secretary in discharge of the functions stated under Section 4.
5. b) The most senior Joint Secretary by term shall perform the functions and responsibilities of the General Secretary in the absence of the General Secretary.

 

SECTION 7: Social Secretary I:

1. a) Shall be responsible for arranging social activities, annual dinners, and other events for the organization.
2. b) Shall make recommendations for party halls, hotels, or the place of events in coordination with social events sub-committee.
3. c) Shall coordinate with the Chief Finance Secretary for the receipt and disbursement of the funds and shall submit accounts after each event.
4. d) Shall perform the duties that may be assigned by the President from time to time.
5. e) shall contact the media and any agency required to be contacted for the events of the organization.

SECTION 8: Social Secretary II:

7. a) Shall assist the Social Secretary I in discharge of the functions stated under Section 7.
8. b) Shall perform the functions and responsibilities of the Social Secretary I in the absence of the Social Secretary I.

 

SECTION 9: Information and Publications Secretary(s):

1. a) Shall be responsible for the maintenance of the database of members of the organization and shall update the record of members from time to time.
2. b) Shall maintain the website of the organization.
3. c) Shall coordinate with the publishing Sub-committee for publication of Newsletters, Souvenirs, and Program Booklets etc. as and when required.
4. d) Shall perform all duties that may be assigned by the President from time to time.

SECTION 10: Liaison Secretary(s):

1. a) Shall be responsible for coordination between this organization and other Muslim Bihari organization.
2. b) Shall propose required assistance to meet the requirements of a Muslim Bihari organization.
3. c) Shall help create other Muslim Biharis organization in various cities of continent of America.
4. c) Shall coordinate with Muslim Biharis anywhere in the world to achieve the objectives of the organization.
5. d) Shall arrange lectures/ seminars on behalf of MBA.
6. e) Shall perform all duties that may be assigned by the President from time to time.

 

ARTICLE-X

OTHER APPOINTMENTS

 

SECTION 1: Other MBA organizations:

Other local Bihari organizations from any city of the continent America can join this organization (MBA) at any time.

SECTION 2: Honorary Member:

An honorary member of the MBA could be any person approved by a two-third majority of the total of the “Committee” who plays an important role in performance of the organization and carry out a special task but shall have no right to vote.

SECTION 3: Associate Member:

Any Muslim Bihari who lives outside the defined area of this organization but wants to be associated with this organization, can be an associate member. He/she shall not be part of the general assembly and cannot become a member in good standing and cannot vote.

 

SECTION 4: Standing Committees:

A Standing Committee will consist of at least one of the “Committee” members for specific tasks such as Sponsorship arrangements, Matrimonial, Technical Seminars/ Training, issuance of Newsletters, etc. Other members of the standing committees can be any member of MBA with good standing.

Section 5: Advisors:

The “Committee” may nominate Advisor/ Advisors for specific purpose and for specific periods to provide advice as needed to MBA.

Section 6: Auditor:

An Auditor shall be hired by MBA, when required and approved by a two-third majority of the total of the “Committee”.

 

ARTICLE-XI

OBLIGATIONS

SECTION 1: Indebtedness

No indebtedness shall be incurred on behalf of the organization by any office bearer or member.

 

ARTICLE-XII

APPLICATION OF FUND

MBA shall apply its funds only to accomplish the social, welfare and educational objectives and purposes specified in the Bylaws.

 

 

 

 

 

ARTICLE-XIII

BANK ACCOUNT and SIGNING POWERS

 

SECTION 1: Opening an Account:

Any bank account shall be opened by the signature of three (3) “Board” members namely President, General Secretary and Finance Secretary. The type of account shall be checking and two signatures from any of the above “Committee” members shall be required to write a withdrawal check.

SECTION 2: Bank Deposits:

All checks, bills of exchange or other orders for the payment of money, notes or other evidence issued in the name of MBA shall be endorsed by such officers of MBA and in such manner as shall from time to time be determined by resolution of the “Committee”. Any member of the “Committee” may be assigned by the resolution of the “Committee” Board” to endorse notes and checks only for deposit with the bank for the credit of MBA Account.

 

 

ARTICLE-XIV

SUCCESSION

SECTION 1:

In case of vacation, illness/death, or any reasons for absence of the President, the succession of heading the business of the MBA including holding and leading the meetings shall be in the same order of (a) through (i) as per article IX section 1.

 

SECTION 2:

When any position of a board member becomes vacant because of a member’s death, resignation, impeachment or for any other reason(s), the position shall be filled within sixty (60) days with a member in good standing who shall be approved by a majority of the “Committee”. The newly appointed member shall finish the remaining time of the vacated member. If the remaining time is less than one (1) year, it shall not be considered as full term, and the member shall remain eligible to contest two (2) consecutive elections as defined in article IX section 1.

 

ARTICLE-XV

DISSOLUTION

SECTION 1: Dissolution

In case the Government authorities request the closure of the activities of MBA, the Association shall be dissolved by the “Committee”.

 

SECTION 2:

In the event of dissolution or discontinuance of MBA the “Committee” shall transfer such funds, money, and other possessions after paying all outstanding liabilities to a non-profit organization(s) as approved by at least two-third majority of the “Committee”.

 

 

 

 

ARTICLE-XVI

AMENDMENT

SETION 1:

Any proposed amendments, suspensions, alterations in bylaws must be approved by at least two-thirds of the total of the “Committee” and shall also be approved by at least (fifty) 50% of the members in good standing.

SECTION 2:

Any such proposed changes shall be notified in writing to all members of the “Committee” by the President, at least seven (7) days prior to the meeting of the “Committee”.

 

SECTION 3:

Any such proposed changes shall be notified in writing via e-mail, MBA website or postal mail to all members in good standing after approval from the “Committee” of such changes at least fifteen (15) days prior to general vote.

SECTION 4:

Any approved changes in Bylaws shall be filed with the state where MBA has been registered. All new names of Executive Committee which may evolve due to election, resignation, death, or incapability of performing duties or for any reason must be filed with the state where MBA has been registered. Any changes to these bylaws approved, according to Section 1, 2 and 3 of Article XVI, shall become effective immediately on approval. All members shall be notified via postal, e-mail or MBA website within a week of approved changes.

 

SECTION 5:

Section 1, 2, 3, 4 of article XVI is applicable after the first election of MBA.

 

ARTICLE-XVII

ELECTIONS

SECTION 1: Date for Election:

An election shall be held every three years for all the approved Executive Committee positions. At least ninety (90) days prior to the due date of election, “Committee” meeting shall be held to finalize the exact date of election and members of Election Commission. With the approval of at least two-thirds of the total of the “Committee”, elections shall be held within thirty (30) calendar days either before or after the due date. Within fifteen (15) days of this meeting, Election Date and members of Election Commission shall be announced and the President shall inform in writing to all the members in good standing.

 

SECTION 2: Election Commission: The “Committee” with the approval of at least two-third majority of the total of the “Committee” shall appoint a three (3) member Election Commission, who may be a non-member, to hold elections. The Election Commission will comprise of Chairman and two (2) members. Any member of the election commission shall not be the member of the sitting “Committee” and neither he/she nor any immediate family member shall be contesting election.

The Election Commission shall design the ballot and send the ballot in no less than twenty-one (21) days prior to the date of election to all the members in good standing. Any method of voting approved by a majority of the “Committee” can be adopted. Only in person method of voting cannot be selected. The list of members in good standing shall be provided by the Finance Secretary.

The chairman of election commission shall announce the results in no more than three (3) days after receiving all the ballots.

 

SECTION 3: Handing Over the Authority:

The sitting Executive Committee shall hand over the authority along with all the documents including PIN/Passwords related to MBA to the incoming elected Executive Committee within fifteen (15) days after the announcement of election results in a neat, transparent, and professional manner.

 

ARTICLE-XVIII

IMPEACHMENT OF AN EXECUTIVE COMMITTEE MEMBER

 

SECTION 1: Reasons for impeachment: If an elected official becomes incapable of performing his/her responsibilities due to illness, losing interest in MBA affairs and/or missing three (3) consecutive meetings without an approved leave of absence or for any reason; by at least two-third majority of the total of the “Committee”, the officer may be impeached.

 

SECTION 2: Motion for impeachment:

Any member in good standing can file a motion with the signatures of at least 40% of the members in good standing to impeach an elected official. The Finance Secretary shall provide the list of members in good standing or in case motion is filed against him, President or Vice President shall provide the complete list. Motion for impeachment can be filed only against one “Committee” member at a time.

 

SECTION 3: Approval of motion:

After receiving the motion, within fifteen (15) days, the President, if motion is not against him, shall verify the signatures of the members, approve the motion, and notify the member against whom the motion is filed. In case motion is against the President, Vice President shall approve the motion.

Any disputed and non-verifiable signature shall be approved/ disapproved by at least two-third majority of the total of the “Committee”.

If President or Vice-President or any “Committee” member knowingly certifies a fraudulent signature, he/she can no longer hold the position and will be immediately released from his/her duties as a “Committee” member and will be barred for life from holding any office in the Association.

 

SECTION 4: Rights of verifying the motion:

The “Committee” member against whom motion of impeachment is approved has the right to inspect the complete list of verified members who has filed the motion within three (3) days of the approval of motion. Any objection shall be presented in writing to the President or Vice-President within five (5) days from approval of motion. All objections shall be approved or disapproved by a majority of the “Committee” within seven (7) days.

 

SECTION 5: Rescind:

Once the motion of impeachment is passed by the “Committee”, the member shall be suspended and shall not take part in any activity on behalf of MBA until the case against him/her is resolved.

 

SECTION 6: Overseeing Panel: After the motion for impeachment is passed against a “Committee” member, the “Committee” with the approval of at least two-third majority of the total of the “Committee” shall appoint a three-member panel, with a Chairman and two members who may be a non-member, to oversee the impeachment process. Any member of Overseeing Panel shall not be the member of the sitting “Board” and neither any immediate family member of the member facing the impeachment.

Overseeing Panel shall design the ballot and send the ballot in not more than fifteen (15) days after the appointment of the panel to the members in good standing. Any method of voting approved by a majority of the “Committee” can be adopted. Only in person method of voting cannot be selected. The list of members in good standing shall be provided by the Finance Secretary or by the President.

 

SECTION 7: Voting by the members:

For the impeachment to take effect, the election officer shall get the affirmative vote from at least two thirds of the members in good standing within thirty (30) days of mailing the ballot. The Chairman of Overseeing Panel shall announce the result in no more than three (3) days after receiving all the ballots.

 

SECTION 8: Announcement of the result of impeachment:

Within seven (7) days of successful impeachment, president, in case he is impeached, vice president shall inform all the members via postal or e-mail about the result.

 

ARTICLE-XIX

TERMINATION OF OTHER APPOINTMENTS

Any appointment other than an elected official can be terminated by at least two-third majority of the total of the “Committee”.

End of MBA Bylaws